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According to media reports, the discussion of the Federal Government’s “anti-scam bill” was taken off the agenda of the cabinet meeting on 6 February 2013. It is thought that recent criticism has triggered a further need for consultation. The current ministerial bill contains a series of provisions designed to prohibit certain practices relating to the mass distribution of warning letters, particularly concerning copyright infringements, as well as shady business models used by telesales firms and collection agencies. For example, subscriptions or competition entries completed over the telephone...

According to media reports, in a ruling of 5 December 2012 (case no. 28 O 403/12), the Landgericht Köln (Cologne District Court) upheld a temporary injunction (decision of 13 September 2012) preventing a TV broadcaster from reporting on a drug test carried out by traffic police on a famous actor. The traffic police carried out the check because they had noticed that the actor’s eyes appeared to be red. They therefore conducted a drug test, which proved negative. The incident was reported in a TV programme, which mentioned the actor’s name. The court ruled that it was unlawful to identify the actor...

According to media reports, on 22 January 2013, the Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) upheld the appeal lodged by the Bayerische Landeszentrale für neue Medien (Bavarian New Media Office - BLM) against a decision denying it leave to appeal. In so doing, the BVerwG quashed the ruling of the Bayerische Verwaltungsgerichtshof (Bavarian Administrative Court - BayVGH) on the planned takeover of ProSiebenSat.1 by Axel Springer AG and allowed an appeal on the grounds of the fundamental importance of the case under Article 132(2)(1) of the Verwaltungsgerichtsordnung (Administrative...

In a decision of 20 February 2013, the Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) rejected a complaint by a journalist who had tried to assert the press’s legal right to information vis-à-vis the Bundesnachrichtendienst (Federal Intelligence Service). He had requested information about the number of full-time and unofficial employees with a National Socialist past who had worked for the Federal Intelligence Service and its predecessor organisation during specific periods between 1950 and 1980. The BVerwG firstly stated that the press’s right to information under the press...

On 6 February 2013, the Bundesgerichtshof (Federal Supreme Court - BGH) decided, in a request for a preliminary ruling, to ask the Court of Justice of the European Union under which provisions technical measures taken to protect copyrighted video games were themselves protected. The plaintiff in the national court proceedings produces and sells video games for a portable games console, which are only sold on special memory cards exclusively designed for this console. The defendants had sold, on the Internet, adapters for these memory cards with either a built-in memory chip or a slot for standard...